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Source:
www.mindef.gov.sg |
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SECOND READING OF THE SINGAPORE ARMED FORCES
(AMENDMENT) BILL. SPEECH BY MINISTER FOR DEFENCE TEO CHEE HEAN, IN
PARLIAMENT. |
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Order for Second Reading read. |
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Mr Speaker, Sir, I beg to move, ＾That the
Bill be now read a Second time.￣ |
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The Bill before this House seeks to amend
the Singapore Armed Forces Act to increase the maximum quantum of fines
that the Subordinate Military Court and SAF disciplinary officers may
impose on servicemen found guilty of the charges against them. |
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The SAF is a military organisation where
discipline is of utmost importance. The Singapore Armed Forces Act
spells out the legal provisions that help uphold the level of discipline
in the SAF. |
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The Act applies to all members of the SAF,
including regulars, full-time national servicemen and
operationally-ready NSmen when they are called back for In-Camp Training
or other activities. |
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It does not apply to those who have yet to
enlist for NS. |
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The Act provides for serious offenders to be dealt
with by means of general court martial and less serious offenders to be dealt
with by means of summary trials. |
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It provides for a range of penalties for those
found guilty of misconduct. These include discharge from service, detention,
reduction in rank, forfeiture of seniority, fines and reprimand. |
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Even though the SAF is not facing any problem with
its state of discipline, MINDEF actively conducts periodic reviews of the
discipline framework. |
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In its most recent review, MINDEF found the
discipline provisions in the Singapore Armed Forces Act to be still relevant
and appropriate, with the exception of the maximum fine quantum prescribed in
the Act. |
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The maximum fine quantum in the Act was last
amended fifteen years ago in 1991. |
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Since then, our environment has changed. There is
a need to increase the maximum quantum to make the fines more effective, both
as a deterrent and as a penalty. |
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The effectiveness of the current fine quantum has
declined over time when compared with current salaries and NS allowances, in
particular the substantial increase in NS allowances instituted in 2002.
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The NS allowances for ranks typically held by our
full-time National Servicemen are: for a Recruit $350 a month, for a Third
Sergeant $560 a month, and for a Second Lieutenant it is $870 a month. For
Lieutenants it is $1,050 a month. |
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These are the typical ranks and NS allowances of
our full-time NS men. NS allowances are thus substantially higher than Members
of this House will have experienced during their own NS days. |
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The quantum of increase in maximum fines proposed
in the Bill better reflects these current NS allowances and should be able to
serve the needs of the SAF for at least the next 5 to 10 years. |
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The maximum fines for the junior ranks are
typically less than 1 month of their NS allowance if they appear before a
Junior Disciplinary Officer and 1.3 months if they appear before a Senior
Disciplinary Officer respectively. |
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The maximum fines for the more senior ranks are
typically 1.3 to 2 months of NS allowance to reflect the wider range of
seriousness of the offences that they may be charged with. |
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Sir, I would like to highlight key aspects of the
Bill. |
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Clauses 2 to 8 deal with the fine quantum for
summary trials while Clause 9 deals with the fine quantum for general court
martial. |
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Clause 2 proposes an increase in the maximum fine
that a Junior Disciplinary Officer can impose. The increase is from $100 to
$300 for a soldier of the rank of Third Sergeant and below, and from $300 to
$1000 for a soldier of the rank of Second Sergeant and above. |
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Clause 3 deals with the maximum fine that a Senior
Disciplinary Officer can impose. The maximum fine is proposed to go up from
$150 to $500 for Third Sergeant and below, and from $500 to $1,500 for Second
Sergeant and above. |
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Clause 4 proposes an increase in the maximum fines
that a Superior Commander can impose, from $500 to $2,000 for Lieutenants and
Warrant Officers, and from $1,000 to $3,000 for Captains and Majors. |
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Clauses 5 and 6 propose to increase the maximum
fines that the Service Chiefs and the Chief of Defence Force can impose on
Lieutenant-Colonels and Colonels from $1,500 to $6,000. |
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Clause 7 is a consequential amendment on the
provision dealing with detention in default of fine. |
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Clause 8 proposes to increase from $1,500 to
$10,000 the maximum fines that can be imposed on officers of the rank of
Brigadier-General and above. A substantial increase in the maximum fines for
this category is proposed as these are very senior officers for which a wider
range of fines is appropriate to be commensurate with the wide range of
seriousness of the offences that they may be charged with. They will be dealt
with by a Senior Disciplinary Committee consisting of not less than 3 members
of the Armed Forces Council. |
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Clause 9 proposes an increase in the maximum fines
that the Subordinate Military Courts can impose. For officers, the maximum
will increase from $2,000 to $10,000. For soldiers, it will be from $1,000 to
$5,000. The maximum fine quantum of $10,000 is similar to the maximum fine
quantum that can be imposed by our district courts. Presidents of the
Subordinate Military Courts are legally qualified Operationally Ready NSmen
who are serving or have served as magistrates or district judges. |
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Sir, the increase in the maximum fine quantum for
summary trials does not mean that all servicemen will henceforth receive
proportionately heavier fines. The fines will depend on the specific
circumstances of each case. The higher maximum fine will allow for an
appropriate level of punishment to be meted out based on the seriousness of
the offences committed. |
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Sir, the amendments to the maximum fine quantum
will help to uphold the state of discipline in the SAF and to ensure that the
SAF will continue to be a disciplined, professional and credible defence
force. |
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Sir, I beg to move. |
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Source:
www.mindef.gov.sg 17 Jan 2006 |
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